1351540254 (e-book) 9781351540254 1315085151 1351540238 1351540246
"This volume brings together a collection of essays, many of them scholarly classics, which form part of the debates on three questions central to criminal law theory. The first of these questions is: what conduct should be necessary for criminal liability, and what sufficient? The answer to this question has wider implications for the debate about morality enforcement given the concern that the "harm principle" may have collapsed under its own weight. Secondly, essays address the question of what culpability should be necessary for criminal liability, and what sufficient? Here, the battles continue over whether the formulation of doctrines - such as the insanity defense, criminal negligence, strict liability, and others - should ignore or minimize the extent of an offender's blameworthiness in the name of effective crime-control. Or, are methods of accommodating the tension now in sight? Finally, essays consider the question of how criminal law rules should be best organized into a coherent and clarifying doctrinal structure. The structure grown by the common law process competes not only with that of modern comprehensive codifications, such as the America Law Institute's Model Penal Code, but also with alternative structures imagined but not yet tried."--Provided by publisher.
Formatted Contents Note
Part PART I: THE STRUCTURE OF CRIMINAL LAW chapter 1 Should the Criminal Law Abandon the Actus Reus-Mens Rea Distinction? chapter 2 Imputed Criminal Liability chapter 3 General Defences chapter 4 Distinguishing Justifications from Excuses chapter 5 A Functional Analysis of Criminal Law part PART II: THE LIMITS OF CRIMINAL LAW: OFFENCE CONDUCT chapter 6 Immorality and Treason chapter 7 The Search for Limits: Law and Morals chapter 8 The Overreach of the Criminal Law chapter 9 The Collapse of the Harm Principle chapter 10 Rethinking the Offense Principle part PART III: THE LIMITS OF CRIMINAL LAW: OFFENDER CULPABILITY chapter 11 Strict Liability in the Criminal Law chapter 12 Crime and the Criminal Law: A Review chapter 13 A Strict Accountability Approach to Criminal Responsibility chapter 14 The Decline of Innocence chapter 15 The Theory of Criminal Negligence: A Comparative Analysis chapter 16 The Abolition ofthe Special Defense of Insanity chapter 17 Excusing Crime chapter 18 The Utility of Desert chapter 19 Are We Responsible for Who We Are? The Challenge for Criminal Law Theory in the Defenses of Coercive Indoctrination and .
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